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539 I Congress, ] SENATE. f Document 

5 U6 i Session. ) \ No. 249. 

»y 1 



AMNESTY TO PRISONEES SINCE THE ARMISTICE. 



MESSAGE 

FROM THE 



PRESIDENT OF THE UNITED STATES, 

TRANSMITTING, 

IN RESPONSE TO A SENATE RESOLUTION OF JANUARY 13, 1920, A 
FURTHER COMMUNICATION FROM THE ACTING SECRETARY OF 
STATE, SHOWING THE ACTION OF GREAT BRITAIN, FRANCE, 
ITALY, AND BELGIUM IN THE MATTER OF AMNESTY TO MILI- 
TARY, POLITICAL, AND OTHER PRISONERS SINCE THE SIGNING 
OF THE ARMISTICE. 



March 11, 1920. — Read, referred to the Committee on Military Affairs, and ordered 

to be printed. 



To the Senate: 

I transmit herewith a further communication from the Acting 
Secretary of State replying to the resolution of the Senate, dated 
January 13, 1920 (No. 278), requesting that it be furnished with 
information showing what, if anything, Great Britain, France, Italy, 
and Belgium, or either of these Governments, have done, through 
legislative or executive proclamation, or otherwise, looking to the 
granting of amnestj^ to military, political, or other prisoners since 
the signing of the armistice November 11, 1918. 

WooDROw Wilson. 
The White House, 

March 11, 1920. 

1 u \ L '-!, '; i^ — 

The President: 

With reference to my communication of February 19, 1920, trans- 
mitting, in accordance with the resolution adopted by the Senate 
on January 13, 1920 (No. 278), requesting the Secretary of State 
"to pi'ocure and furnish the Senate information showing what, if 
anything. Great Britain, France, Italy, and Belgium, or either of 
these Governments, have done, through legislative or executive 



2 AMNESTY TO PRISONERS SINCE THE ARMISTICE. , A G U-' t^ 

proclamation or otherwise, looking to the granting of amnesty to 
military, pohtical, or other prisoners since the signing of the armistice 
November 11, 1918," various papers relating to this subject, I now 
have the honor to transmit a copy of a translation of the Belgium 
amnesty law of October 31, 1919, together with an extract from the 
law of August 28, 1919, in this connection. 
Respectfully submitted. 

Frank L. Polk. 

Department of State, 

Washington, March 5, 1920. 



Ministry of War — The Amnesty Law. 

ALBEreT, King of the Belgians, 

To all present and to come: Greeting. 
The chambers have adopted and we have sanctioned the following : 
Article 1 . Amnesty is granted for the following infractions com- 
mitted prior to the 4th of August, 1919, and which are punishable 
by the military penal laws: 

(1) Desertions after the 11th of November, 1918, the length of 
which does not exceed one month, if they took place without con- 
spiracy, as well as those which do not give rise to anything but a 
conditional sentence. ■ ■ 

(2) Misdemeanors which have necessitated the application of 
exclusively correctional sentences, and including embezzlements and 
thefts provided for by articles 54 and 55 of the law of May 27, 1870, 
and which have been perpetrated 

(a) By first offenders. 

(b) By second offenders, formerly sentenced for crimes or mis- 
demeanors, provided the total of the sentences which are or are to 
be inflicted does not exceed a term of 15 years' imprisonment and if 
each one of the sentences considered alone enters into one of the 
categories amnestied by the present law. 

(3) Infractions qualified as ' 'in the presence of the enemy." 

(a) Which have been or will be punished by a sentence not to 
exceed 5 years' reclusion; by a sentence of imprisonment; or by a 
sentence not exceeding 10 years' detention; primary delinquents 
alone will benefit by these dispositions; 

(b) Which have been committed by secondary delinquents, on 
condition that the former sentences have not been pronounced for 
actions also quahfied as "in the presence of the enemy," that the 
total of the sentences which are, or shall be, inflicted does not exceed 
15 years' incarceration, and that each sentence, taken separately, is 
found in one of the categories amnestied by the present law. 

(4) A^iolence against a superior officer and violence committed by 
a soldier in a house where he was lodged by requisition of the munici- 
pality and against an inhabitant of said building, punishable by 
criminal sentence if the author be a primary delinquent and provided 
the sentence which has been or is to be pronounced, does not exceed 
5 years' detention, reclusion, or imprisonment, the benefit of this 
disposition ^vill be extended to second ofl'enders who shall not have 
been sentenced previously for identical acts, on condition that the 

r; ©f ^. 



AMNESTY TO PRISONEES SINCE THE ARMISTICE. 3 

sentences incurred or to be incurred do not exceed 10 years' incarcera- 
tion and that each sentence taken separately is comprised in one of 
the categories amnestied by the present law. 

Art, 2. All those who have not been condemned for a military 
crime or misdemeanor are considered first offenders. All those having 
been sentenced for one of these infractions are considered second 
offenders. 

Art. 3. Shall be excepted from the amnesty: 

(a) Crimes and misdemeanors against the safety of the State. 

(6) Desertions prior to November 11, 1918. 

(c) Second desertions (except those after November 11, 1918, and 
whose duration does not exceed 15 days). 

(d) Desertions lasting more than six months; desertions to the 
enemy; voluntary mutilations. This disposition shall not be ap- 
plicable in case of a conditional sentence. 

(e) Recalcitrants and defaulters belonging to one of the con- 
tingents called to the colors during the war. 

Art. 4. In no case can amnesty be opposed to the rights of the 
State. Consequently the rights of the State to confiscations pro- 
' claimed, to damages and to restitutions, are maintained. Such fines 
and costs which have been paid will not be returned. 

Art. 5. The amnesty can not be opposed to the rights of third 
parties. Particularly do they not prevent suit for divorce or sepa- 
ration nor suits for damages based on infringement. 

Art. 6. The military jurisdiction being informed of the civil action 
at the same time as it has taken repressive action remains com- 
petent to judge the civil action in spite of the amnesty. 

Art. 7. Amnesty does not entail the restitution to the condemned 
of .decorations, titles, ranks, functions, employments, and public 
offices which have been taken away. 

We promulgate the present law; we order that it be stamped with 
the seal of State and published by the Moniteur. 

Done at Washington the 31st of October, 1919. 

Albert. 

extract from the amnesty law of august 28, 1919. 

Art. 7. For the next legislative elections persons amnestied may 
register and exercise their right to vote. 

Art. 8. Are excluded from the present amnesty all individuals 
who, according to article 56 of the penal code, are in a state of legal 
recidive. 

Art. 9. The only persons benefiting by the present law shall be 
Belgians and the nationals of countries associated with Belgium in 
the war. 

Art. 10. The present law is not applicable to acts qualified as 
infractions and giving right to measures of guardianship, of education, 
and of protection provided b}^ the law of May 15, 1912, concerning 
the protection of children. 

Done at Brussels August 28, 1919. 

o 



C6TH Congress, SENATE. f S. Doc. Xo. 249, 

M /Session. Part 2. 



AMNESTY TO PEISONERS SINCE THE ARMISTICE. 



MESSAGE 

FROM THE 



PRESIDENT OF THE UNITED STATES, 

TEANSMITTING. 

IN RESPONSE TO A SENATE RESOLUTION OF JANUARY 13, 1920, 
A FURTHER COMMUNICATION FROM THE SECRETARY OF STATE 
SUBMITTING A COPY OF A REPORT PREPARED IN THE EMBASSY 
AT ROME, DATED FEBRUARY 3, 1920, TOGETHER WITH THE 
TRANSLATIONS OF DECREES ISSUED BY THE ITALIAN GOVERN- 
MENT RELATIVE TO THE GRANTING OF AMNESTY TO PRISON- 
ERS SINCE THE ARMISTICE. 



Ma'ech 27), 1920. — Read ; referred to the Coimiiittee on ^Military Affairs and 

ordered to he printed. 



To the Senate: 

I transmit herewith a fiu-ther communication from the Acting 
Secretary of State replying to tlie resolution of the Senate, dated 
Jamiary 13, 1920 (No. 278), requesting that it be furnished with 
information shoAving what, if anything. Great Britain, France, Italy, 
and Belgium, or either of these Governments, have done, through 
legislative or executive proclamation, or otherwise, looking to the 
granting of amnesty to military, political, or other prisoners since 
the signing of the armistice November 11, 1918. 

WOODROW WiLSOX. 

The White House, 

March %k. 1920. 



The President: 

With reference to the communications of February 19 and March 
5, 1920, transmitting various papers in connection with the resolu- 
tion adopted by the Senate on January 13, 1920 (No. 278), requesting 
the Secretary of State " to procure and furnish the Senate informa- 
tion showinsr what, if anythino-. Great Britain, France. Italy, and 



2 AMNESTY TO PEISONERS SINCE THE ARMISTICE. 

Belgium, or either of these Governments, have done, through legis- 
lative or executive proclamation or otherwise, looking to the grant- 
ing of amnesty to military, political, or other prisoners since the 
signing of the armistice November 11, 1918," the undersigned has 
the honor to forward herewith a copy of a report bearing upon this 
subject, dated February 3, 1920, prepared in the Embassy at Rome, 
together with the translations accompanying it of nine decrees issued 
by the Italian Government relative to the granting of amnesty. 
Respectfully submitted. 

Bainbridge Coi^y, 

Secretary of State. 

(Inclosures: Translations of nine Italian amnesty decrees — No. 
1710 of November 19, 1918 ; Nos. 157, 1.58, 159. 160 of February 21, 
1919 ; Nos. 1501, 1502, 1503, 1504 of September 2. 1919.) 

Department of State, 

Washington, March 22, 1920. 



Rome, February 3, 1920. 
Peter A. Jay, Esq., 

Charge cP Affaires, Americmi Embassy, RoTne. 

Sir: In accordance with the instructions contained in the depart- 
ment's telegram No. 6, of January 16, 4 p. m., only received on Janu- 
ary 22, 1920, to report to the department at the earliest possible date 
information showing what, if anything, has been done by Italy 
through executive proclamation, legislation, oi- otherwise looking 
toward the granting of amnesty to militarj^, political, or other pris- 
oners since the signing of the armistice. I havo the honor to report 
as follows : 

There have been issued since the signing of the armistice nine royal 
decrees bearing upon the subject of amnesty and pardon for military, 
political, and other prisoners, one on December 19. 1918, four on 
February 21, 1919, and four more on September 2, 1919, conceding in. 
general amnesty or pardon for the less grave offenses, military, politi- 
cal, and others, carrying minor penalties for their infraction, and 
commutation of sentences for offenses carrying greater penalties 
committed during the war and up to the date of the entrance into 
effect of the decrees in question. In some cases the amnesty or 
pardon or commutation is granted to anyone who has committed the 
offense, in others to soldiers only, particularly for offenses peculiarly 
military, and in still others only to soldiers or civilians who seem 
deserving of special consideration through their war service or 
greater degree of suffering sustained through war causes. 

It will readily be observed upon reading these decrees that they 
have the effect of conceding wide indulgence for many classes of 
offenses committed during the war, especially military offenses, and 
it should therefore be remarked that their issuance did not by any 
means meet with the unanimous approA^al of the country. The more 
patriotic and law-abiding elements greatly disapproved in fact, but 
recognized that the hand of the Government — in the case of the first 
five decrees the cabinet of Orlando and in the other four that of 
Nitti — ^liad been forced by the weight of important political con- 

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\ 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 3 

siclerations. The misgivings of this better element were, moreover, 
not allayed when they observed issuing from confinement not only 
offenders against the ordinary military and civil laws but also 
revolutionary political agitators who had opposed by every means 
in their power the entrance of Italy into the war and who were uni- 
versally looked upon as having conspired during the war to cripple 
the nation's forces. 

The nine decrees in the original Italian as well as English trans- 
lations are appended hereto, but for convenience brief summaries are 
given of them below. The decrees as summarized below have been 
numbered serially as well as with the numbers which they actually 
bear in the order of their issuance. 

1. Roval decree No. ITIO, of Xoveniber lU, 1918 (abrogating the 
decrees of eTune 20, 1915, No. 885, and October 4, 1917, No. 1561, and 
in addition declaring void the penal action and terminated the penal 
effects of sentences pronounced in application of the above-mentioned 
decrees). 

This decree has the effect of granting amnesty to those convicted 
. (1) for disseminating false notices on the defense of the State, the 
military operations, the public order, or the national economic situa- 
tion, and (2) for the commission of deeds which may depress the 
public spirit or prejudice the national interests. 

2. Royal decree No. 157, of February 21. 1919, published in the 
Official Gazette of February 23, 1919 (conceding amnesty and indul- 
gence for military offenses). 

Articles 1 to 7. inclusive, of this decree concede amnesty for all 
military offenses to those soldiers who have been decorated for valor 
I or promoted for war merit, for all but the more important military 
'oifenses to all soldiers who have been declared war invalids, and to 
all soldiers for military offenses for which they have been sentenced 
to confinement not exceeding three years, a fine not exceeding 3,000 
lire, or both. Articles 8 to 10. inclusive, concede amnesty and com- 
mutation of sentences the execution of which has been suspended. 
Articles 11 to 16 concern the offense of desertion or inducing to desert 
and concede amnesty for these offenses to soldiers coming within one 
of four categories, exclusive of those (1) who have deserted from a 
first-line detachment in the presence of the enemy, (2) who have 
deserted, to the enemy, (3) who have deserted a third time after 
warning, and (4) who have deserted in arms. The remaining ar- 
ticles are general provisions concerning the manner in which amnesty 
is to be applied. 

3. Royal decree No. 158. of February 21, 1919, published in the 
Official Gazette of February 23, 1919. No. 46 (conceding amnesty for 
offenses not provided for by militarj^ or financial laws). 

Articles 1, 2, 3, and 4 of this decree concede amnesty within certain 
limits for offenses against other than military or financial laws to 
soldiers who have been decorated or promoted foi; valor, who have 
been declared war invalids and who have performed military service 
for certain periods. Article 5 concedes amnesty for five categories 
of minor offenses. Article 6 concedes amnesty within certain limits 
to minors under 16. Articles 7 and 8 grant amnesty and pardon 
within certain limits to the near relatives of those killed or perma- 
nently disabled in war service. Vrticle concedes amn.esty and par- 



4 AMNESTY TO PRISONERS SINCE THE ARMISTICE. 

don, respectively, for penalties not exceeding six months' confinement 
and 2.000 lire fine ancl for penalties not exceeding four months' con- 
finement and 1,000 lire fine, as well as reduction by so much of greater 
penalties. Article 10 concedes amnesty for three categories of of- 
fenses and article 11 for infractions of certain sections of the postal 
laws. Article 12 excludes certain classes of persons from the benefits 
of articles 3, 5, 6, and 9 of this decree. Articles 13 and 14 concern the 
application of the decree. 

4. Royal decree No. 159,, of February 21, 1919, published in the 
Official Gazette of February 23, 1919, No. 46. 

By this decree amnesty and pardon is conceded for various offenses 
against food regulations issued during the war. 

5. Eoyal decree No. IGO, of February 21, 1919, published in the 
Official Gazette of February 23, 1919. No. 46. 

While this decree mostly concerns procedure, it contains provisions 
on the application of conditional sentences and provisional liberty. 

6. Eoyal Decree No. 1501, of September 2, 1919, published in the 
Official Gazette No. 209 of September 2, 1919, conceding amnesty and 
pardon for common offenses. By this decree amnesty is extended to 
considerably more offenses and in considerably greater degree than 
contemplated in the decrees summarized above. Article 1 concedes 
amnesty for 16 more categories of offenses, while article 2 reduces to 
one-half sentences to penalties not exceeding one year's confinement 
and 3,000 lire fine for all offenses not covered in article 1, Articles 

3 and 4 concern the application of the decree. 

7. Royal Decree No. 1502, of September 2, 1919, published in the 
Official Gazette No. 209 of September 2, 1919. concerning amnesty 
and pardon for military offenses. 

By the provisions of this decree amnesty is extended for military 
offenses to a much greater degree than was contemplated in decree 
No. 157 of February 21, 1919 (No. 2 above). 

Article 1 concedes amnesty for desertion when the total arbitrary 
absence does not exceed six months and commutation of sentences for 
longer absences. Article 2 concedes amnesty to five categories of 
" shirkers " and deserters. Article 3 concedes amnesty for all penal- 
ties not exceeding 10 years' confinement and 10,000 lire fine. Article 

4 commutes the sentences of desertei's still at large who give them- 
selves up. Article 5 grants pardon for penalties not exceeding seven 
years' confinement and 10,000 lire fine. Article 6 concerns the com- 
nuitation of sentences to military reclusion, and article 7 the com- 
mutation of sentences, the execution of which has been suspended. 
The remaining articles concern the application of the decree. 

8. Royal Decree No. 1503, of September 2, 1919, published in the 
Official Gazette No. 209 of September 2, 1919. 

This decree concedes amnesty in general for contraventions of 
financial laws such as the failure to pay certain taxes and to observe 
certain customs regulations. 

9. Royal Decree No. 1504, of September 2. 1919, published in the 
Official Gazette No. 209 of September 2, 1919. 

By this decree various disciplinary penalties inflicted on employees 
of the State railways are pardoned. I have the honor to be, sir. 
Your obedient servant, 

T. Hart Anderson, Jr., 
Second Secretary of Embassy. 



AMNESTY TO PRISOXERS SINCE THE ARMISTICE. 5 

EOYAL DECREK NO. 1710 N0VE51BER li), ]1)1S. 

Abrog-atino- the decrees of June 20, 1915, No. 885, and October 4, 
1917, No. 15G1, and in addition declaring- void the penal action and 
tei-minated the penal effects of sentences pronounced in application 
of the above-mentioned decrees, 

It is decreed : 

From the date of publication of the present decree there will cease 
to be applied the decree No. 885, of June 20, 1915, and No. 1561, of 
October 4. 1917. 

The penal action is moreover annulled and there cease all the penal 
effects of the sentences pronounced in application of the above-men- 
tioned decrees. 

VlTTOKIO EmANUELE. 

Orlando. 

Sacchi. 

Note. — The following ai-e the two decrees abrogated b}- the fore- 
going: Ro.yal Decree No. 885, June 20, 1915. 

Art. 1. Whoever communicating with other persons, either pres- 
ent or not, gives, on the defense of the State, or on the military oper- 
ations, notices different from that w-hich are brought to the knowl- 
edge of the public by the Government or by the supreme commands 
of the army or army corps, is punished w4tli imprisonment up to six 
months or with a fine from 100 to 1,000 lire.- 

If the offense is committed with a view to disturbing the public 
t]"anquility or otherwise damaging the public interests, the penalty 
is im]3risonment from two months to two years and the fine of 500 
to 3,000 lire. 

Art. 2. Whoever, outside of the cases provided for in article 1, 
communicating with other persons, present or not, gives, concerning 
the public order, the national economic situation, or other facts of 
public interest, notices not conforming to the truth, because of which 
the public tranquillity may be disturbed or the public interests other- 
wise prejudiced, is punished with imprisonment up to six months or 
with a fine from lire 100 to lire 1.000. 

If the offense is committed with intent to harm the public tran- 
quillity or the public interests, the punishment is imprisonment from 
two months to two years and a fine from lire 500 to lire 3.000. 

Art. 3. The dispositions of the preceding articles do not concern 
the notices contained in periodical publications, inasmuch as for these 
thei'e have been observed the provisions of the royal decree No. 675, 
of May 23, 1915, containing dispositions for the press; and. the 
political authorities can not avail themselves of the right of seques- 
tration, there remaining also fixed the dispositions of the aforesaid 
royal decree, as well as that of March 28, 1915, No. 313, and of the 
law of March 21, 1915. No. 273, on the economic and militarv defense 
of the State. 

Art. 4. For the offenses provided for in the present decree the 
officers and agents of the judicial police and the public force must 
arrest whoever is found in the act of committing them, in accordance 
with article 303 of the Code of Penal Procedure. The judge may 
issue a warrant of arrest. 



G AMISTESTY TO PRISONERS SINGE THE ARMISTICE. 

Art. 5. The present decree will remain in force for the duration 
of the war and will enter into force from the daj of its publication 
in the Official Gazette. 

TOMASO DI SaVOIA. 

Salandra. 
Orlando. 



DJXEEE NO. 15 01 OCTOBER 4, 1917. 

Concerning the repression of facts prejudicial to the national 
interests. 

It is decreed : 

Article 1. WhocTer by any means commits or instigates to commit 
a deed, which may depress the public spirit or otherwise diminish 
the resistance of the country or have a prejudicial effect on the inter- 
ests connected with the war or Avith the internal or international 
situation of the State, whenever such deed does not constitute another 
offense provided for and repressed by the law, will be punished 
with imprisonment up to five years and Avith a fine up to 5,000 lire. 
In cases of greater seriousness the imprisonment may be extended up 
to 10 years and the fine to 10,000 lire. 

There is never applicable the conditional suspension provided for 
by articles 423 and 424 of the Code of Penal Procedure. 

Art. 2. The cogTiizance of the offense provided for in the pre- 
ceding article appertains to the tribunal. 

There can be issued a warrant of arrest against one imputated. 

Art. 3. The jd resent decree will enter into force the day of publica- 
tion in the Official Gazette. 

TOMASO DE SaVOIA. 

Sacchi. 

BOSELLI. 



ROYAL. DECREE NO. 157 OF FEBRUARY 21, 1919, PUBLISHED IN THE OmCIAL 
GAZETTE or ITIBRUARY 23, 1919, CONCEDING AMNESTY AND INDULGENCE 
FOR MILITARY OFFENSES. 

It is decreed : 

Art. 1. There is conceded amnesty for any offense provided for in 
the Penal Code for the Army, in the Maritime Military Penal Code, 
in military penal hnvs and proclamations, and in the Code of the 
Mercantile Marine to the soldiers of the Royal Army, of the Hoyal 
XavA^ or of the Royal Finance Guards, and to the persons of the 
mercantile marine who have been decorated with the medal for 
military valor or promoted for merit of war. for acts performed 
dui'ing the war after the date of commission of the offense. 

Art. 2. There is conceded amnesty for any offense provided for in 
the Penal Code for the Army, the Maritime Military Penal Code, in 
military penal laws and proclamations, and in the Code of the Mer- 
cantile Marine, to the soldiers of the Royal Army, of the Royal 
Na\-3'. or of the Royal Finance Guards, and to the persons of the 
Mercantile Marine, with the exception of the offenses of arson and 
devastation provided for in articles 252 and 253 of the Penal Code 
for the Army and 276 and 2TT of the Xaval Military Penal Code; 



AMIJTESTY TO PKISONERS SINCE THE ARMISTICE. 7 

voluntary homicide, unless committed through excess of defense; 
levolt; mutiny; espionage; treason, outside of the hypothesis pro- 
vided for in article* 74 of the Penal Code of the Army and 75 of the 
Naval Military Penal Code, and subornation to commit the said 
offenses; lesions for which see articles 258 and 259 of the Penal 
Code for the Army and 282 and 283 of the Naval MilitaiT Penal 
Code: sack, fraud, for which see articles 189 and 190, part 1, of the 
Penal Code for the Army, and 211 and 212, ])art 1. of the Maritime 
Military Penal Code; highway robbery; robbery; offenses provided 
for in articles 276 of the Penal Code for the Army and 300 of the 
Maritime Military Penal Code and article 4 of the law of June 30, 
1912, No. 740, offenses provided for in chapter 3, book 2, of the 
Penal Code for the ArmA^ and chapter 2, title 2, book 2, of the Mari- 
time Military Penal Code, and offenses provided for in chapter 3. 
title 2, of the Code of the Mercantile Marine — to the soldiers of the 
Poyal Army, of the Eoyal Navy, of the Royal Finance Guards, and 
to the persons of the Mercantile Marine who have been declared war 
invalids because of lesions or infirmities contracted through war 
service after the date of commission of the offense and comprised 
in the first six categories indicated in Table A, attached to the vice 
royal decree of May 20, 1917, No. 876. 

Art. 3. There is conceded amnesty to those who have committed 
any of the offenses provided for in the vice royal decree of November 
5, 1916, No. 1684, relative to the penal and disciplinary regulations 
for establishments engaged in war production, whether military or 
private industry — except those in sections 1, 2, and 3 of article 5 and 
in article 2 of the vice royal decree of December 10, 1917, No. 1964. 

Art. 4. Amnesty is conceded to the soldiers of the Royal Army, of 
the Royal Navy, and of the Royal Finance Guards, to the persons of 
the mercantile marine, and to those extraneous to the militia who have 
committed during the war any offense provided for in the Penal Code 
of the Army, in the Maritime Militaiy Penal Code, in military penal 
laws and proclamations, and in the Code of the Mercantile Marine, 
for which there is provided a penalty restrictive of personal liberty, 
not superior at maximum to three years or a pecuniary penalty alone 
or combined with the said penalty not superior at maximum to lire 
3,000 or the penalty alone of suspension from work. 

In the effects of the concession of amnesty provided for in the pres- 
ent article there is not to be computed the augmentation of penalty 
established in articles 250 of the Penal Code of the Army and No. 275 
of the Maritime Military Penal Code. 

Art. 5. Amnesty is conceded for offenses committed through neg- 
ligence or ignorance or for motives — exclusive of that of gain — which 
the penal law holds equivalent to negligence or ignorance. There are 
excepted from this benefit the offenses provided for in article 74, part 
first, of the Penal Code for the Army, and 75, part first of the Mari- 
time Military Penal Code, and the offenses in service provided for in 
chapter 3, title 2, book 1, of the Penal Code for the Army, and in 
chapter 3, title 2, book 1, of the Maritime Military Penal Code, to 
whom amnesty is not applicable under the terms of the preceding 
article. 

Art. 6. The penalties restrictive of personal liberty, for a time not 
superior to three years, and pecuniary penalties not superior to lire 
2,000. inflicted or to be inflicted on the soldiers of the Royal Army, 



8 AMNESTY TO PRISONERS SINCE THE ARMISTICE. 

the Royal Navy, and the Royal Finance Guards, on the persons of 
the mercantile marine, and on those extraneous to the militia for an}^ 
offense provided for in the Penal Code for the Army, the Maritime 
Military Penal Code, in Military Penal Laws and Proclamations, 
and in the Code of the Mercantile Marine, exclusive of the offenses 
excepted from amnesty as in article 2 of the decree, and the offenses 
provided for in articles 174 of the Penal Code: for the Army and 
196 of the Maritime Military Penal Code and in the vice royal decree 
of October 19, 1916. No. 1417, are pardoned. 

All other penalties inflicted or to be inflicted on soldiers, on the 
persons of the mercantile marine, and on those extraneous to the 
militia for offenses provided for in the first part of the present 
article, the execution of which has not been suspended or delayed, are 
reduced by three years, if it is a case of penalties temporarily restric- 
tive of personal liberty, and of lire 2,000 if it is a case of pecuniary 
penalties. 

The same pardon is conceded to persons condemned for offenses 
under article 6 of the vice royal decree of May 15, 1917, No. 874. 

Art. 7. Outside of the case as in the preceding article 4, the pen- 
alty of suspension from duty inflicted on officers by military tri- 
bunals, the execution of which has been postponed during the war, is 
pardoned, remaining, however, the loss of precedence for promotion 
in accordance with article 5 of the vice royal decree of February 4, 
1917, No. 187, with article 15, second paragraph, of the order of the 
supreme command of the Royal Army of May 13, 1917, No. 55000, 
and with article 21 of the law of July 28, 1912, No. 806. 

Art. 8. All the sentences to penalties, the execution of which has 
been suspended and for which there has been ordered the postpone- 
ment of the execution, are commuted in justice to conditional sen- 
tences and, if superior to five years, are reduced to that limit, in favor 
of those soldiers, who. during the ]3eriod of the suspension or the 
postponement, have rendered faithful service and have shown praise- 
worth}^ conduct. 

The sentences so commuted will cease to have effect if the con- 
demned within five years from the date of the present decree commits 
no offense provided for in the Penal Code for the Army or the 
Maritime Military Penal Code nor any crime provided for in the 
ordinary Penal Code or in other penal law ; otherwise they will be 
expiated in accordance with, the law. 

Art. 9. The penalties, the suspension of Avhich should have been 
ordered and was not ordered, or was revoked, in consequence of the 
declaration of inability of the condemned to the fatigues of war, or 
of his request for a review of the case for causes not depending on 
war service, are reduced to a third. 

Art. 10. To soldiers who, having been condennied to a penalty the 
suspension of which has been ordered, have been proposed by the 
commands of the larger units, under the dependence of which there 
passed the period of suspension, for total or partial pardon of the 
penalty for having shown irreprehensible conduct, there is granted 
the pardon for which they have been proposed ; and in the case of a 
pardon for only a part of the penalty, the sentence for the other 
part is commuted in justice to conditional sentence in the sense and 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 9 

with the effects as provided in the first paragrapli of article 8 of 
the present decree. 

To soldiers who have been sentenced to penalties the suspension 
of which has been ordered and who liave been pi'oposed by the com- 
manders of the larger units under whose dependence the period of 
suspension has been passed, for the benefit of conditional sentence 
in the sense of the Order of May 25. 1918, of the supreme connnand 
of the Royal Array, there is conceded the right of benefit for which 
they have been proposed. 

Art. 11. Amnesty is conceded to the soldiers of the Eoyal Army, 
of the Royal Navy, and of the Royal Finance Guard, charged with 
desertion, in whose case the penal proceedings have I'emained sus- 
pended in virtue of any disposition which has established the sus- 
pension of the said proceedings in time of war, and who have per- 
formed military service during the war for a period not inferior to 
six months. 

Art. 12. Amnesty is conceded for the offense of desertion to sol- 
diers of the Royal Army, the Royal Navy, the Royal Finance Guard, 
and the persons of the Mercantile Marine — exclusive of soldiers de- 
serting a first-line detachment in the pi'esence of the enemy or who 
have passed over to the enemy, of soldiers deserting for the third 
time in spite of warning, and of soldiers deserting in arms, who have 
committed the offense provided for in article 4 of the vice royal de- 
cree of December 10, 1917, No. 1952 — whenever the arbitary absence 
or absences from the corps have not had a total duration superior 
to 15 days, there being also comprised in this period the absences 
for which there has intervened a general or particular provision of 
e^femption from penalty, by pardon or commutation, and whenever 
it is a question of deserters comprised in any of the following cate- 
gories : 

1. Deserters who represented themselves of their own accord be- 
fore October 31, 1918; 

2. Deserters who, not being uiissed at the entrance into vigor of 
the present decree, have rendered service in any time, during the 
war, at least 18 months in auxiliary units or at least 12 months in 
first-line units, or who have suffered through war service a lesion or 
an infirmity comprised in the first six categories indicated in article 
2, or who have been authorized to wear the badge of the permanently 
disabled or the badge of at least two wounds received in battle, or 
have been decorated at any time, during the present war, with the 
medal for military valor ; 

3. Deserters who have committed the offense through not having 
presented themselves at the end of a leave or of an exoneration, and 
who have rendered service for at least 9 months in auxiliary de- 
tachments, or 6 months in first-line detachments, decorated at any 
time during the present war with a medal of military valor, or who 
have been authorized to wear the badge of the peruianently dis- 
abled, or that for a womid received in combat, or with a cross of war 
merit ; 

4. Deserters who have committed the offense after the suspension 
of hostilities ; having at all other times rendered faithful service and 
conducted themselves in a praiseworthy manner. 



10 AMNESTY TO PRISONERS SINCE THE ARMISTICE. 

Art. 13. The penalties restrictive of personal liberty, inflicted or 
to be inflicted for the offense of desertion on soldiers of the Royal 
Army, the Eoyal Navy, the Eoyal Finance Guard, and on the per- 
sons of the Mercantile Marine, exclusive of the soldiers deserting 
from a first-line detachment in the presence of the enemy, or who 
passed over to the enemy, soldiers deserting a third time in spite 
of warning, and soldiers deserting in arms, who have committed 
the offense^ provided for in article 4 of the vice royal decree of De- 
cember 10, 1917, No. 1952, are reduced to the maximum penalty 
prescribed by article 145, part first, of the Penal Code for the Army 
and 169, part first, of the Maritime Military Penal Code, whenever 
it is a question of deserters comprised in any of the categories in- 
dicated in Nos. 1, 2, 3, and 4 of the preceding article, whose arbi- 
trary absence or absences from the corps have had a total duration 
superior to 15 days. 

The penalties inflicted or to be inflicted on deserters who, at the 
moment of commencement and for all the duration of the arbitrary 
absence, were not, for reasons of classification or physical condition, 
either destined or destinable to auxiliary detachments or services, 
are reduced to half, and the ordinary confinement is converted to 
military confinement whenever it is a question of soldiers who have 
performed at least 12 months of service with fidelity and good con- 
duct. 

Art. 14. The dispositions of the present decree relative to soldiers 
hiaving committed the offense of desertion are also applicable to 
soldiers who have committed the offenses contained in the orders 
of the supreme command of the Royal Army of December 16, 1917, 
and November 12, 1918, and in the vice royal decree of November 
21, 1918, No. 1749, as well as to discharged soldiers who have com- 
mitted the offenses contained in the orders of the supreme command 
of the Royal Army of November 12 and 14, 1917, and to the soldiers 
Avho have committed the offenses contained in the last paragraph 
of article 8 of the royal decree of April 29, 1915. No. 561. 

Art. 15. Amnesty is conceded for the offense of assisting in deser- 
tion provided for in article 4 of the order of the supreme command 
of the Royal Arm}^ of November 2, 1917; in article 1 of the vice 
royal decree of November 11, 1917, No. 1811 ; in article 3 of the 
order of the supreme command of the Royal Army of November 
16, 1918 : and in article 5 of the vice royal decree of December 10, 
1917. No. 1952, whenever committed by the nearest relatives of the 
deserter, indicated in article 191 of the ordinary Penal Code. 

Art, 16. The penalties restrictive of personal liberty, inflicted or 
to be inflicted for the offenses of joining in desertion, established 
by articles 155 and 160 of the Penal Code for the Army, 185 and 
186 of the Maritime Military Penal Code, and of assisting in deser- 
tion, established by article 4 of the order of the supreme command 
of the Royal Army of November 8, 1917; by article 1 of the vice 
Toyal decree of November 11, 1917, No. 1811; by article 3 of the 
order of the supreme command of the Royal Army of December 
16. 1917; and by article 5 of the vice royal decree of December 10, 
1917, No. 1952, are reduced to a third, except as is disposed in 
article 15 of the present decree. 



AM]!<rESTY TO PEISOXEES SIISTCE THE ARMISTICE. 11 

There are excluded from the benefit of pardon those who com- 
mitted the offense for gain or in favor of deserters exchided from 
the benefits conceded in the present decree, and those who have re- 
peated the offense. 

Art. 17. The penalties reduced in accordance with articles 6, 9, 13, 
14, and 16, of the present decree, may be served in agricultural or 
industrial penitentiary establishments, or also working in public 
or private works under the tutelage of the public administration, in 
accordance with article 14 of the ordinary penal code. 

Aet. 18. There are excluded from the benefit conceded with the 
dispositions in articles 2. 3, 4, 5, 6, T, 9, 11, 12, 13, 14, and 16 preceding, 
those who at the time of committing the offense had had more than 
one conviction for an offense against persons or property, with a 
penalty superior to six months of ordinary or military confinement, 
or if they have been subjected to the special vigilance of the public 
safety. 

Art. 19. In case there chances to be in favor of one and the same 
person more than one benefit from the dispositions of the present 
decree, there is to be applied only the most favorable benefit, ex- 
cept as provided for in articles 8 and 10. 

Art. 20. The commander of the corps, or the detachment of the 
mobilization center, or the military authority of the department, to 
which there belongs the soldier having a right to amnesty, pardon, 
or commutation, under the present decree, will issue at the instance 
of the interested party or at the request of the competent judicial 
authority, a certificate from which it will appear whether there exist 
the conditions on which depends the declaration or the concession of 
the benefit. 

Art. 21. In case of more than one offense and penalty the 
amnesty applies distinctly to each offense ; the indulgence is applied 
once after the penalties have been accumulated in accordance with 
the law. 

Art. 22. The present decree applies to the offenses for which it 
provides committed before its date. 

The amnesty conceded by the present decree inasmuch as it con- 
cerns those condemned with irrevocable sentences and pardons for 
penalties restrictive of personal liberty, established in the preceding 
articles, has no effect on loss of grade consequent upon degradation, 
destitution, dismissed, or removed from grade, inflicted or to be in- 
flicted even in addition to a penalty, restrictive of personal liberty. 

The dispositions of the present decree do not prejudice civil ac- 
tions which have cause in the offense, nor disciplinary proceedings, 
nor the rights of third parties. 

Art. 23. The present decree enters into force the day of its pub- 
lication in the Official Gazette. 

It will be actuated within two months from its date. 

VlTTOEIG EmMANUELE. 

Orlando. 
Facta. 
Caviglia. 
Del Bono. 
Meda. 



12 AMjSTESTY to PKISOlSrEKS SINCE THE AEMISTICE. 

ROYAL DECREE NO. 158 FEBRUARY 21, 1919. 

[Published in the Official Gazette of Feb. 23, 1919, No. 46.] 

Conceding- amnesty and pardon for offenses not provided for by- 
military or financial laws, 

It is decreed : 

Article 1. Amnesty is conceded for offenses for which the law es- 
tablishes a penalty restrictive of personal liberty inferior at the mini- 
mum to five 5^ears, or a pecuniary penalty, alone or together with the 
aforesaid penalty, to soldiers of the Eoyal Army, the Eoyal Navy, 
the Royal Finance Guard, and to the persons of the Mercantile 
Marine who have been decorated with the medal of military valor, or 
promoted for merit of war through acts performed during the war 
and after the date of commission of the offense. 

Art. 2. Amnesty is conceded for offenses for which the law estab- 
lishes a penalty restrictive of personal liberty inferior at the mini- 
mum to three years, or a pecuniary penalty, alone or together with 
the aforesaid penalty to soldiers of the Eoyal Army, the Eoyal Navy, 
the Eoyal Finance Gruard, and the persons of the Mercantile Marine 
who have been pronounced war invalids because of lesions and in- 
firmities contracted through war service after the date of commission 
of the offense and comprised in the first eight categories indicated 
m table A attached to the vice royal decree of Maj^ 20, 1917, No. 876. 

Art. 3. To those condemned to penalties not exceeding three years 
and to those condemned to pecuniary penalties tliere is applied the 
right of benefit prescribed in article 423 of the code of penal pro- 
cedure, when it results that during the war the}^ have faithfully and 
with good conduct performed military service for at least 18 months, 
or for at least 12 in the war zone, or at least six in the first-line 
detachment. 

The same benefit, when there appears the conditions just indicated, 
is applied in favor of those who, for offenses committed before per- 
forming military service, are afterward condemned for them to a 
penalty not exceeding three years or to a pecuniary penalty. 

The limit during which the penalty remains suspended through the 
effect of the present disposition, is in any case five years. 

Art. 4. Amnesty is conceded to those guilty of not having ansAvered 
the levy for whom the penal proceedings or the execution of the sen- 
tence has remained susjoended and who have performed during the 
War military service not inferior to six months. 

Art. 5. Amnesty is conceded: 

(a) For offenses provided for in articles 115, 118, 122, 123, 125, 
126 of the penal code, and, in relation to them, in articles 134 and 
137 of the same code ; 

(h) For offenses provided for in articles 246, 247, and 251 of the 
penal code; 

(c) For all the offenses committed on the occasion of popular 
moA^ements, public demonstrations, and tumults, determined by politi- 
cal and economic causes; 

(d) For offenses officially prosecutable provided for in the royal 
edict in the press and in the law of May 6, 1877, No. 3814; 

(e) For offenses provided for by the royal decree of May 23, 1915, 
No. 674, concerning extraordinary provisions on the matter of public 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 13 

security, and by the royal decree of May 23, 1915, No. 675, having 
dispositions on the press. 

Art. 6. Amnesty is moreover conceded for offenses committed by 
minors Avho have not completed their sixteenth year and who are not 
old offenders, in cases in which the establishecl penalty of the law 
does not surpass three years at the minimum. 

Art. 7. Beyond what is disposed in the preceding articles, there 
is also conceded amnesty in favor of those whose ancestor, descend- 
ant, husband, or brother have been killed in war or have been de- 
clared war invalids thi'ough lesions or infirmities comprised in the 
first eight categories indicated in Table A, appended to the vice royal 
decree of May 20, 1917, No. 876, for all offenses for which the law 
establishes a penalty restrictive of personal liberty not superior at 
maximum to 30 months, or a pecuniary penalty, alone or together 
with the aforesaid penalty, not superior at maximum to lire 3,000 
and for which the law establishes alternatively with a restrictive 
penalty not superior to 30 months a pecuniary penalty even superior 
to lire 3,000. 

Art. 8. Beyond the cases provided for in the preceding articles, 
those condemned who are in the conditions of the persons mentioned 
in the ^ preceding article are pardoned penalties restrictive of per- 
sonal liberty not superior to a year and pecuniary penalties not supe- 
rior to lire 2,000, and by so much there are reduced the penalties in- 
flicted or to be inflicted for any offense. 

This pardon is held as not having been granted if in the limit of 
five years from the date of the present decree the convicted one 
commits a new crime. 

Art. 9. Except as is disposed in the preceding articles, amnesty is 
conceded for all offenses for which there is established a penalty re- 
strictive of personal liberty not superior to six months, or a pecuniary 
penaltv, alone or too-ether, with the said restrictive penaltv, not supe- 
rior to lire 2,000. 

Tliere are, moreover, pardoned, excepting always the disposition of 
the preceding articles, all penalties restrictive of personal liberty not 
superior to four months and pecuniary penalties, alone or together 
with the said restrictive penalties, not superior to lire 1,000, and by 
so much are reduced all the others, inflicted or to be inflicted, for 
offenses which have taken place before the entrance into effect of the 
present decree. 

Art. 10. Amnesty is, moreover, conceded : 

(a) For contraventions of the laws and regulations on the civil 
state. 

(i^) For contraventions to the dispositions of articles 101. 155. 165, 
177, 180, 198, 223, 230, as well as the first two clauses of article 172 
of the commercial code, provided that within a month from the publi- 
cation of the present decree the obligations contemplated in the said 
dispositions are fulfilled. 

(c) For contraventions provided for in the law of February 16, 
1913. No. 89. on the ordering of the notarial service and the notarial 
archives, for which there is established a penalty not superior to 
suspension, and for all the contraventions provided for in the relative 
regulation of September 10, 191-1, No. 1326. 



14 AMNESTY TO PRTSONEES SliSTCE THE ARMISTICE. 

Art. 11. There are pardoned the pecuniary penalties established 
by articles 2, 35, and 58 of the single text of the postal laws, approved 
by royal decree of December 24, 1899, No. 501, for the carrying and 
distribution of correspondence, thereby defrauding the postal mo- 
nopoly, for the illegal addition of written matter in publications, and 
for the unauthorized use of official stamps for the transmission of 
l^rivate correspondence. 

Art. 12. From the amnesty conceded in articles 3, 5, 6. and 9, 
and from the pardon contemplated in article 9. there are excluded 
tho;-c imputated and condemned who have before been convicted more 
than once for crime, of which even one only to the penalty of con- 
finement for over six months for association in crime or for crime 
against person or property, or who are subjected to special vigilance 
of the public safety for a deed different from that constituting the 
offense to which the benefit may be applied. 

The benefit conceded with the preceding articles is applied also 
in the case in which to the penalty restrictive of personal liberty or 
to the pecuniary penalty be joined, as penalty or as a penal conse- 
quence, the interdiction from public office, or suspension from the 
exercise of a profession or an art. 

Art. 13. The case of a number of offenses and penalties, the am- 
nesty applies distinctly to each offense; the pardon is applied once 
after cumulation of the penalties, according to the regulations es- 
tablished by articles 77 and following of the penal code. 

Art. 14. The efficacy of the present decree is extended to of- 
fenses provided for in it and committed up to the dnj preceding 
the date of the decree. 

It does not prejudice civil actions which have a cause in the 
offense, nor the rights of third parties, nor the action of the excheq- 
uer relative to the collection of duties of judicial officers, inasmuch as 
such duties depend on ordinances or on sentences which have be- 
come irrevocable. 

It, moreover, does not apply to offenses provided for in financial 
laws, in military laws, nor in the provisions issued during the war 
to guard the exigencies of public alimentation nor those of the con- 
serA^ation, production, and development of cattle. 

VlTTORIO EmANUELiE. 

Orlando. 
Facta. 



ROYAL DECREE XO. 15 9 FEBRUARY 2 1, 1919. 

[PubUshed in Official Gazette of Feb. 23, 1919, No. 46.] 

Conceding amnesty and pardon for offenses against food regula- 
tions. 

It is decreed : 

Article 1. Amnesty is conceded : 

(a) For offenses concerning the census and the assignment by 
food tickets of alimentary products or things of common and large 
consumption, committed through negligence or ignorance, and pro- 
vided for in the first section of articles 1, 3, 14, and the last section 
of article 16 of the vice royal decree of May 6, 1917. No. 740. 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 15 

(h) For offenses concerning the acquisition or the proposal to ac- 
quire alimentary products and other goods at prices superior to the 
fixed maximum provided for in article 10 and article 11 of the vice 
royal decree of May 6, 1917, No. 740, whenever committed by private 
citizens for their own needs or of their families, and not for com- 
mercial reasons. 

(e) For the offenses provided for in articles 1 of the ministerial, 
decree of March 11. 1916; 1 of the vice roval decree of October 19, 
1916, No. 1399; 2 of the ministerial decree of February 21,1917; 
1 of the commissarial ordinance of March 4, 1917; 1 of the commis- 
sarial ordinance of May 29, 1917; 1 of the commissarial ordinance 
of July 29, 1917; 10 and 15 of the commissarial ordinance of August 
19, 1917, within the limits of cases of sifting flour to give a greater 
yield than the legal tax established in the said decrees. 

(d) For offenses provided for in article 10 of the vice royal de- 
cree of October 19, 1916, Xo. 1399, concerning the prohibition of the 
jDroduction or the holding of flours containing an easily separated 
dross. 

(e) For offenses provided for in articles 5 of the ministerial de- 
cree of March 11, 1916; 1 of the vice royal decree of October 19, 
1916, No. 1399; 6 of the ministerial decree of February 21, 1917; 
4 of the commissarial ordinance of July 29, 1917; 21 and 22 of the 
commissarial ordinance of August 19. 1917, concerning the obliga- 
tion of putting lead seals and indicating cards on sacks of flour, 
whenever the imputated or the condemned is a different person from 
the producing miller, or if it is the miller the penalty applicable does 
not exceed lire 200. 

(/) For offenses in the sifting and baking provided for in article 
3 of the vice royal decree of February 18, 1917, No. 246, committed 
by private citizens for the production of bread in their houses. 

{(/) For the offenses provided for in articles 6 of the ministerial 
decree of March 11, 1916; 1 of the vice royal decree of October 19, 
1916, No. 1399; 7 of the ministerial decree of February 21, 1917; 2 
of the commissarial ordinance of May 29, 1917; and 2 of the com- 
missarial ordinance of July 29, 1917, within the limits of the mak- 
ing of bread for private citizens in public bakeries. 

The amnesty is in favor of the baker and the private citizen : 

(h) For offenses provided for in articles 1 and 2 of the commis- 
sarial ordinance of April 6, 1917, concerning the obligation of put- 
ting a distinctive mark on each form of bread. 

(i) For offenses provided for in articles 2 of the ministerial de- 
cree of March 11, 1916; 1 of the vice royal decree of October 19, 
1916, No. 1399 ; 3 of the ministerial decree of February 21, 1917 ; 2 
of the commissarial ordinance of May 29, 1917; and 2 of the com- 
missarial ordinance of July 29, 1917, within the limits of the pro- 
duction of bread from flour of a yield superior to the legal propor- 
tion. 

(Z) For offenses provided for in the vice royal decree of Decem- 
ber 12, 1916, No. 1708 ; in the vice royal decree of February 18, 1917, 
No. 246; and in the vice royal decree of July 29, 1917, No. 1222, con- 
cerning the form and weight of bread, the obligation of selling it 
stale, and the hours of work. 



16 AMNESTY TO PRISOlSrERS SISTCE THE ARMISTICE. 

(m) For offenses provided for in articles 10 of the vice royal de- 
cree of October 19, 1916, No. 1399, and 21 of the vice royal decree 
of May C), 1917, No. 740, concerning the possession of utensils and 
apparatus for the sifting of flour. 

(n) For offenses provided for in article 2 of the vice royal decree 
of April 18, 1918, No. 497, within the limits of the exportation of 
garden products, preserves, vegetables, fruit, potatoes, and bran. 

(o) For offenses provided for in article 8 of the vice royal decree 
of April 18, 1918, No. 497, committed by private citizens for their 
own needs or of their own families. 

Art. 2. There is pardoned the penalty for all other offenses not 
expressly provided for in the preceding article whenever there has 
been applied concretely only the pecuniary penalty in a measure 
not superior to 100 lire. 

There are excepted transgressions concerning the butchering of 
animals, the sale and consumption of meat, provided for in article 
22 of the vice royal decree of May 6, 1917, No. 740. 

VlTTORIO EmANUELE. 

Orlaxdo. 
Facta. 
• Crespi. 



ROYAL DECREE XO. 160 EEBEITARY 21. 1010. 

[Published in the Official Gazette of Feb. 23, 1010, No. 46.] 

Containing provisions on the application of conditional sentences 
on the part of territorial military tribunals, on provisory liberty, 
and on the transition from the state of war to that of peace. 

It is decreed : 

Article 1. The territorial or maritime military tribunals, in pro- 
nouncing sentences of condemnation to ordinary or military confine- 
ment, or in a military prison, not superior to 18 months, or to a pecu- 
niary penalty, which alone or together with a penalty restrictive of 
personal liberty and converted in accordance with the law would 
amount to a deprivation of personal liberty for a total period not 
superior to 18 months, may ordain that the execution of the penalty 
be suspended in the manner, under the conditions and regulations, 
established by articles 423 and 426 and 585 and 586 of the code of 
ordinary penal procedure. 

When the suspension of executuui of the sentence is revoked as a 
right under article 585 of the code of ordinary penal procedure, 
the penalty must be expiated according to the regulations established 
by the penal code of the army or maritime military penal code. 

The revocation is declared in the form establishecl by articles 558 
and 559 of the code of ordinary penal procedure if there was after- 
wards another conviction by the tribunal which pronounced the last 
one ; and in the opposite case, by the tribunal wliich pronounced the 
conditional conviction; or in the event of the sappression of the 
tribunal, by that which is legally substituted for it. 

The convictions for offenses provided for in the military penal 
hiws connnitted during the war, the execution of which has been 
suspended or postponed, or which have been in anv wav commuted to 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 17 

conditional sentences, do not carry, in respect to the conditional sen- 
tences prononnced by the ordinary judicial authorities, the revoca- 
tion of the benefit provided for in article 585 of the code of ordinary 
penal procedure. 

Art. 2. In proceedings for offenses for which the Penal Code for 
the Army and the Maritime Military Penal Code or other military 
penal law prescribe a penalty restrictive of personal liberty not 
superior to 20 years, provisional liberty may be granted, except in the 
case of persons subjected to warning or to the special vigilance of 
the public safety authorities, or who have no domicile or fixed resi- 
dence in the Kingdom, or who have been condemned at other times 
to ordinary confinement. 

Provisional liberty may be granted at any period of the examina- 
tion or the trial. 

In the course of the trial provisional liberty may be granted by the 
college, on the conforming conclusions of the public minister, even 
beyond the limits indicated above, excepting, however, the cases of 
those persons indicated in the first part of the present article, and 
making the concession conditional upon residence in a determined 
commune, or upon the advancing of bail or a guaranty, or both. 

Art. 3. One condemned by a military tribunal of the Army or 
Navy to military or ordinary confinement for a time superior to two 
years, who has served half the sentence and not less than two years, 
and whose conduct has been such as to suggest repentence, may, on 
his request, obtain conditional freedom if 'the remainder of the 
penalty does not exceed four years. 

Conditional freedom is not conceded to one who has committed for 
the second time any crime when condemned to a penalty exceeding 
seven years. 

Art. 4. The concession, the revocation of the effects of conditional 
liberty, are regulated by articles 14 of the ordinary Penal Code and 
587 and 588 of the code of ordinary penal procedure, these being 
substituted for the minister of justice, the ministry of war. for the 
attorney general, the military advocate general, and for the accu- 
sation section the supreme tribunal of war and navy in council 
chamber. 

Art. 5. From the date of the entrance into force of the present 
decree, the proceedings pending before the military tribunals of 
territories comprised within the confines of the Kingdom, for offenses 
subjected to military jurisdiction, because committed in time of war, 
or in any way devolved upon the military jurisdiction by proclama- 
tions or special laws issued during the war, are devolved upon the 
ordinary judicial authority, with the exception of proceedings in 
which tiie argument is already fixed or opened, or postponed, or for 
which there has been in any way already issued a summons or an 
indictment. 

Against sentences pronounced after the entrance into vigor of the 
present decree, by a war or extraordinary tribunal, in proceedings 
excepted as above, there is, however, permitted an appeal for nullifi- 
cation before the supreme tribunal of war and navy. 

Up to the date of the cessation of the state of war. there remains 
subject to military jurisdiction, proceedings relative to culpable 

S. Doc. 249. (i6-2, pt 2 2 



18 AMNESTY TO PRISONERS SIISTCE THE ARMISTICE. 

offenses committed by soldiei's and to the offenses of treason, espion- 
age, devastation, and sack, by whomsoever committed, and continue 
to remain subje^ct to it even after the cessation of the state of war, 
Avhenever it is a matter of proceedings for which there has been 
issued prior to such date a summons or an indictment. 

Against sentences pronounced in such proceedings by a war tri- 
bunal or an extraordinary military tribunal, there is likewise per- 
mitted an appeal for nullification before the supreme tribunal of 
war and navy. 

Art, 6. Until further disposition is made, inasmuch as is not estab- 
lished to the contrary by the present decree or by special dispositions, 
there remain in effect the vice royal decrees of November 14, 1915, 
No. 1622, and January 3, 1918, No. 2, as well as all the vice royal and 
ministerial decrees issued in time of war relative to the organs and 
functionaries of military justice, to the constitution and new institu- 
tion or ordinary or special territorial military tribunals and of mari- 
time military tribunals of department and of their sections, to the 
supreme tribunal of war and navy and to the procedure to be fol- 
lowed before the same, and to the revisionary council which ceases 
to be an organ of the supreme command of the royal army. 

In the special military tribunals instituted in accordance with the 
vice royal decree of October 27, 1918, No. 1628, the functions of pub- 
lic minister can be intrusted also to the substituted military advocates. 

Art. 7. The proceedings pending at the entrance into effect of the 
present decree and those afterwards initiated before territorial mili- 
tary tribunals, both ordinary and special, and before maritime mili- 
tary tribunals also for offenses committed in time of war, excepting 
the proceedings devolved upon the ordinaiy judicial authority in 
accordance with article 5, are regulated by the dispositions relative 
to competence and procedure provided for in time of peace by the 
penal code for the Army and the maritime military penal code with 
the modifications respectively resulting from the decrees indicated 
in the preceding article. 

The proceedings in which at the entrance into effect of the present 
decree the argument has been opened or postponed continue to be 
regulated by the dispositions in force at the time and the place in 
which the argument was initiated, with the exception that in any 
case there is an appeal for nullification of the sentences to the su- 
preme tribunal of war and navy. 

Art. 8. The offenses subjected to military jurisdiction committed 
before capture or during confinement, by Italian soldiers restored by 
the enemy, the competence to initiate or proceed with the examina- 
tion and admit the case to court, even in the case of a renewal fol- 
lowing a sentence pronounced in contumacy, belongs to the terri- 
torial or special military tribunal, in the limits of jurisdiction of 
which is situated the militarj^ mobilization district of the accused. 

Art. 9. There remaining in force article 5, at the date of cessation 
of the state of war, the proceedings pending before the military war 
tribunals are remanded to the territorial militarj^ tribunals in the 
jurisdiction of which is situated the mobilization district of the ac- 
cused. 

The proceedings in charge of officers are remanded to the special 
military tribunal of Florence. 



AMNESTY TO PRISONERS SINGE THE ARMISTICE. 19 

Art. 10. For offenses coin]iutted prior to the entrance into effect 
of the present decree, of the competence of war tribunals comprised 
in territories which have ceased, or which may cease to be declared 
in a state of war, there continue to be applied the dispositions rela- 
tive to conditional conviction and postponement of sentence, estab- 
lished by the ruling- of the supreme command of the Royal Army 
of May 25, 1918, on the procedure to be followed before war tribunals- 

Art. 11. Proceedings against absent accused persons pending be- 
fore war tribunals are remanded to the territorial military tribunals 
in the jurisdiction of which is situated the mobilization district of" 
the accused. 

Art. 12. The decrees of amnesty and pardon relative to offenses in 
the competence of military tribunals are applied ex officio by the 
examining officer if the examination is proceeding; by the military 
tribunal in council chamber if the examination is concluded and the 
argument is not opened; by the military tribunal in audience if the 
argument is opened ; by the military tribunal in council chamber, on 
the request of the military advocate, if there has already been pro- 
nounced the sentence of conviction, except the cases in the last sec- 
tion of the present article ; by the supreme tribunal of war and navy, 
on the request of the military advocate general, if against the sen- 
tience an appeal for nullification has been made ; and by the supreme 
tribunal, revisionary section, if the sentence has been denounced or 
returned for revision under article 1 of the vice royal decree of April 
11, 1918, No. 459, and article 1 of the vice royal decree of October 6, 
1918, No. 1608. 

The military advocate provides without delay for the provisional 
release of the condemned who are confined and for whom he has re- 
quested the declaration of amnesty or pardon. 

Against the provisions issued by the examining officer or by the 
military tribunal there is granted recourse to the revisionary section 
of the supreme tribunal of war and navy. 

For the application of the decrees of amnesty or pardon, relative to 
offenses for which there have been pronounced by military war tri- 
bunals sentences of conviction already submitted in the original to 
the examination of the military advocate general, in accordance with 
article 1 of the vice royal decree of April ll, 1918, No. 459, or already 
deposited in tlie original in the archives of the supreme tribunal of 
Avar and navy, the military advocate general provides, or the militai^A' 
advocates delegated by him, except recourse to the revisionary section 
of the supreme tribunal of Avar and navy against provisions issued by 
them. 

Art. 13. There are abrogated Avithin the limits of offenses com- 
mitted after the entrance into force of the. armistice, all dispositions 
relative to the offense of desertion and to any other considered as 
such, issued during the present Avar, Avhether in virtue of the law 
of May 22, 1915, No. 671, or in virtue of article 251 of the Penal 
Code for the Army, with the exception of article 4 of the vice royal 
decree of December 10, 1917, No. 1952, and remaining in force the 
disposition of article 8 of the Adce royal decree of April 21, 19 IS. 
No. 536. ^ . , 

For offenses committed before the entrance into effect ot the 
armistice the penalties established in the dispositions relatiAe to 



20 AMNESTY TO PRISONERS SINCE THE ARMISTICE. 

the offense of desertion, as above issued, may be diminished by one 
to two grades. There are, moreover, abrogated all the dispositions 
relative to the offense of persuasion to desert committed by nearest 
relatives issued during the present war, wdiether in virtue of the 
law of May 22, 1915, Xo. 671, or in virtue of article 251 of the Penal 
Code for the Army. 

Art. 14. The present decree enters into force the day following 
that of its publication in the Official Gazette. 

VlTTORIO EmANUALE. 

Orlando. 
Caviglia. 
Facta. 
Del Bono. 



ROYAI. DECREE NO. 1501 SJ:PTEMBER 2, 1919. 

[Published in the Gazzetta ITfflciale No. 209, of Sept. 2, 1919.] 

Concerning amnesty and pardon for common offenses. 

It is decreed : 

Article 1. Amnesty is granted : 

1. For everv offensp committed through the medium of the press 
before July 22, 1919 ; 

2. For criminal offenses as established in articles 371 (criminal 
manslaughter) and 375 (criminal wounding) of the penal code, and 
for every criminal offense as established by the provisions of royal 
or vice royal decrees, or proclamations of the military authorities ; 

3. For offenses respecting which the exercising of a penal action 
is still suspended by reason of the dispositions of vice royal decree 
No. 811 of June 10, 1915, if the suspension is derived from mili- 
tary service done by the person accused or by several of the persons 
accused, and provided the question concerns offenses punishable by 
a penalty of restricted ]3ersonal liberty not exceeding a maximum of 
10 years, or by a pecuniary penalty of any amount both separate 
from or accompanied by said penalty. 

4. For any offense imputed: 

(a) To the ]:)erson who after the date of the offense was declared 
to be disabled because of wounds or infirmities suffered during war 
service or through act of war included in the first eight categories 
of table A annexed to vice royal decree No. 876 of May 20, 1917 : 

(h) To the person who prior to the date of the offense had gained 
two medals for valor, or had been promoted twice for war merit, or 
had received one medal for valor and one promotion for war merit 
after the date of the offense. 

5. For offenses punishable by a penalty restricting personal liberty 
not exceeding five years at the minimum, or by pecuniary penalty 
for any amount either separately or accompanied by said penalty if 
the person accused has gained one medal for valor or received one 
promotion after the date of the offense for war merit. 

6. For offenses contemplated under articles 115, 118, and 130 com- 
prised in tlie list of criminal acts against the country and the State 
powers, and in relation to these, in article 134 of the penal code and 
for those contemplated in articles 135, 139. 140. and 141 of the same 
code. 



AMNESTY TO PEISOl^ERS SINCE THE ARMISTICE. 21 

T. For offenses committed during: popidar disturbances, public 
demonstrations and agitations consequent on political causes and 
economical causes, excluding homicide, and the offenses included 
under article 372, Nos. 1 and 2 (personal injuries), articles 373, 408, 
and 409 of penal code (in respect of robbery and extortion). 

8. For offenses against freedom of labor (arts. 165 and 167 of the 
Penal Code) committed before July 22, 1919. 

9. For offenses of undue abandonment of one's own duty (art. 181, 
Penal Code). 

10. For the crimes of violence and resistance against the authori- 
ties (arts. 187 and 190 of the Penal Code) and of outrages committed 
against persons vested with public authority (arts. 194" to 196 of the 
Penal Code). 

11. For crimes of instigation to transgress and in relation to them 
for that contemplated under article 251 of the Penal Code, provided 
the person condemned has not undergone any preceding conviction 
for this kind of offenses and provided the offenses were committed 
before July 22. 1919. 

12. For offenses as provided for in vice royal decree No. 674, of 
May 23. 1915. containing extraordinary provisions for the public 
safety. 

13. For crimes included in articles 381 and 382 of the Penal Code 
(in respect to criminal abortion). 

14. For offenses against property not included in the preceding 
numbers, for which the penal action can not be taken without a com- 
plaint being lodged. 

15. P'or contraventions as included in articles 434 to 446, 453 to 459 
(contraventions concerning public order), 475, 476, 482 (public 
safety), 493, 494 (public protection of property) of the Penal Code, 
in the articles 1, 7, and 8 of the police service act of June 30. 1889, 
No. 6144, series 3, and for those included in proclamations issued by 
itiilitary commands against civilians. 

16. For any crime not contemplated in the preceding numbers and 
punishable by the sole pecuniary penalty not exceeding 100 lire and 
by the penalty of restricted personal liberty not exceeding one month, 
whether separately or accompanied by the said pecuniary penalty. 
Excluded from this benefit are the violations of roval decrees Nos. 
1146 and 1296. of 13th and 14th of July, 1919. and No. 1360. of 
August 3, 1919. 

For cases indicated in Nos. 4 and 5, the party concerned must sup- 
ply the public prosecutor with the proofs requisite for the applica- 
tion of the amnesty. 

In the case indicated in No. 3 the anmesty is exclusively personal- 

Art. 2. In favor of persons who have had no preceding convic- 
tion for crime, a reduction of one-lialf of the sentence to a pecuniary 
penalty not exceeding 3,000 lire as well as the penalty of restricted 
personal liberty not exceeding one year wliether separately or ac- 
companied by pecuniary penalty, is conceded as pardon, provided 
the dispositions of the preceding article are not applicable to said 
convictions. Excluded from any pardon are the convictions for 
violations of royal decrees No. 1146 and 1296 of July 13 and 24, re- 
spectively, and Xo. 1360 of August 3, 1919. 

Art. 3. The amnesty and pardon as provided in the two preced- 
ing articles are aj^plicable to the penal actions and to the convic- 



22 AMNESTY TO PPJSONEES SI^-CE THE ARMISTICE. 

tions in accordance with rfrticles 86 and 87 of the penal code. In 
the case of concurrence of olfenses and of penalties, the amnesty 
is applicable to eadi separate otl'ense, Avitliout distinction the par- 
don is applicable but once, for the cumulation of penalties accord- 
ing- to the regulations of articles 77 and following, of the penal 
code. lu case of the concurrence of a pecuniary penalty with that 
restrictive of personal liberty, the pardon is applicable to both. 

Art. 4. The power of the present decree is extended to offenses 
included in same and committed up to the day preceding the date 
of the decree itself, except as estal)l]shed in Nos. 1, 3, 4, 5, 8, and 11 
of article 1. 

A\niere the question concerns continued offenses or permanent 
offenses, the present decree is applied only in case the continuation 
or permanency shall have ceased not later than the tenth day prior 
to tlie date of said decree, this being excluded in the computation 
of the period. 

This does not prejudice civil actions consequent on offenses nor 
tlie rights of a third party, nor the action of the public treasury 
in exacting the rights of judicial officials dependent of orders or 
sentences tliat have become irrevocable. 

' VlTTORIO EmMANUELE. 

Mortara. 



ROYAL, DECREE NO. 1.5 02 SEPTEMBER 2, 1919. 

[Published in the Gazzetta Ufflciale No. 209, of Sept. 2, 1919.] 

Concerning amnesty and pardon for military offenses, 

It is decreed : 

Article 1. Amnesty is conceded in cases of desertion, even if re- 
peated, provided the total period of arbitrary absence does not exceed 
six months. 

If the total period of arbitrarj^ absence should exceed six months, 
the punishments inflicted or to be inflicted for the offense of deser- 
tion are commuted to conditional convictions, substituting 10 years' 
military reclusion for solitary confinement for life and reducing to 
five years the same punishment for all the others. Excluded are the 
cases of desertion to the enemy and offenses of armed desertion as 
provided for in article 4 of vice royal decree No. 1952, of Decem- 
ber 10, 1917. 

Art. 2. Amnesty is conceded to shirkers (" renitenti " — the Italians 
make a distinction between men who have never served in the army 
and those who have. In the former case, men who do not answer 
the call are classed as " renitenti," whereas the latter are considered 
deserters. Translator's note) and to deserters who did not answer 
the call to arms for mobilization during the war who can advance 
extenuations in respect to one of the following conditions: 

(a) Men who have served in the allied or associated armies or, 
at least, have been registered for service in one of the said armies 
before November 4, 1918. 

(5) Who have been exempted by an allied or associated govern- 
ment from military service because connected with industries or 
administrations affecting the defense and the economy of the State. 



AMNESTY TO PRISONEES SINCE THE ARMISTICE. 23 

(c) Wlio had resided up to the time of the call to military service 
and during the war up to the date indicated in paragraph (a) in 
an enemy country, in Russia, in Roumania, and in countries out of 
Europe (excepting the Italian dominions and protectorates, Egypt, 
Tunisie, Algeria, and Morocco). 

(d) Who were unfit for military service in respect of infirmity as 
contemplated in the new schedule of physical imperfections and 
infirmities which gave exemption from military service (1917 edi- 
tion). 

In such cases the party concerned shall deliver to the competent 
military advocate the proofs necessary for the application of the 
amnesty. 

The amnesty does not dispense with the necessit}^ of serving in 
the army of men who have been drafted in with the class to which 
they belong, except that they be entitled to exemption. 

Art. 3. Amnesty is conceded for the other military offenses com- 
mitted during the Avar, punished by restrictions of personal liberty 
Jiot exceeding at the maximum 10 years, or by pecuniary measures — 
considered as separate punishment or conjointly with restricted lib- 
'Crty, not to exceed at the maximum 10,000 lire, or punishable by dis- 
juissal. resignation, removal, privation, or suspension from rank 
and suspension from duty considered separately or in conjunction 
with the other punishments as indicated in the preceding article. 

Art. 1. Convictions to temporary punishments to be inflicted for 
tlie offense of desertion of soldiers who are still at large as the pres- 
ent decree comes into force, provided all subjects of imputation give 
themselves up to the consular military authorities of Italy, are com- 
muted to conditional convictions; solitary confinement for life is 
commuted to military reclusion. 

Art. 5. Temj)orary punishments restricting personal liberty over 
a period not exceeding seven years and pecuniary punishments, not 
exceeding 10,000 lire, whether considered separately or in conjunc- 
tion with the liberty restricting punishments inflicted or to be in- 
flicted, are pardoned, and by so much there are reduced greater 
penalties unless the suspension or ])ostponement of them has been 
ordered. 

The punishment of solitary confinement for life is reduced by 
one grade. To be excluded from said pardon are deserters to the 
i)nemy and individuals convicted for treason, espionage, and for 
offenses against enlistment as provided in diverse provisions by 
articles 74 and 77, paragraphs 1 and 2, of the military penal code, 
and 75 and 76, paragraphs 1 and 2, of maritime military penal code. 

Art. 6. Convictions to military reclusions and of confinement in- 
flicted or to be inflicted are commuted to conditional convictions and 
at the same time are reduced by one-half if they reach to or exceed 
20 years, and to one-third if less than 20 years. 

Art. 7. Punishments inflicted for any offenses of which the sus- 
pension or postponement of execution during the war has been or- 
dained, are commuted to conditional punishments, and at the same 
time if over five years, to be reduced to this limit. 

Art. 8. The . provisions of the present decree are also applicable 
hy the ordinarv judicial authorities competent in accordance with 
royal decrees Xo. 160. of February 21. 1019, and No. 1083, of July 4, 



24 am:n"esty to PRisoisrERS sii^rcE the aemiStice. 

1919. For such application the said authorities will take into con- 
sideration the penalties imposed hj militar}^ laws. 

The disposition of the present decree relative to the offense of 
desertion are applicable also to soldiei's who have committed the 
offenses provided for in the orders of the supreme command of the 
Koyal Army dated December 16. 1917, November 1-2. 1918, and in 
the vice-royal decree of November 21, 1918. No. 1749, to the dis- 
charged soldiers who have committed the offenses provided for in 
the orders of the supreme command of the Eoyal Army dated 
November 2 and 14, 1917. and to soldiers who have committed the 
offenses provided for in the last paragraph of article 8 of the roval 
decree of April 29, 1915, No. 561. 

Art. 9. In the event of concurrence of more than one of the bene- 
fits as conceded by the provisions of the present decree, in favor of 
the same person and for the same offenses, onl}" the most favorable 
benefit will be applied. 

The same regulation is applicable in case of concurrence, in favor 
of one person or for one offense, of benefits conceded by the present 
decree with those conceded by the royal decree of February 21, 1919, 
No. 157. 

For the case of concurrence of the benefit of reduced punishment 
Avith that of conversion to conditional conviction, the two benefits 
cumulate. 

Art. 10. In the case of concurreiioe of offenses and punishments 
the amnesty will be applied without distinction to each offense : the 
anniesty is applied once after cumulation of the punishments in 
accordance with the laws. 

The provisions for temporary release from prison in favor of 
those who in virtue of the present decree are entitled to discharge 
from jail can be made by the general military advocate general or 
by officers of military justice as may be delegated by him. 

Art. 11. On all cases in which, in virtue of the present decree, the 
conviction be commuted to conditional conviction, the commutation 
is affirmed and the conviction ceases to take effect if the person con- 
victed does not commit, within the limit of five years from the date 
of the present decree, any offense as foreseen in the military Penal 
Codes or any crime proAdded for by the common Penal Cocle or by 
other penal laws ; otherwise it is expiated in accordance with the law 
prior to revocation on the part of the ordinary or military judge who 
shall pronounce the last sentence. 

Art. 12. The provisions pertaining to the loss of rank and to the 
suspension from duty inflicted or to be inflicted even as accessory 
to the punishment of restricted personal liberty for offenses for 
which there has intervened amnesty, pardon, or commutation of 
punishment, in virtue of the present decree or of the royal decree of 
February 21, 1919. No. 157, will cease to take effect on application 
of the person concerned, and pursuant to a like opinion given by the 
Supreme Tribunal of War and Navy; against which no appeal can 
be admitted neither judicially nor through administrational channels. 

The opinion will be expressed following the deliberations taken 
in the council chamber according to the prescribed rules laid down 
for deliberations of sentences; after hearing the conclusions drawn 
by the general military advocate general and taking into considera- 
tion the sentences passed, the acts of penal procedure, and every 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 25 

rnoi'al and juridical circumstance of the case. The supreme tribunal 
can also institute summary inquiries and address i-ogatory notes to 
the consular and judicial authorities. 

The application must be sent in by the person concerned within 180 
days from the date on which the present decree comes into operation. 

Art. 13. The reintegration of rank is conceded by royal decree 
where the question concerns officers, and by ministerial decree in 
every other case. 

Reintegration takes effect in the same rank as held by the soldier 
at the time of the conviction with recognition of the seniority which 
at the same moment pertained to him in the arm to Avhich he be- 
longed. 

Art. 14. The present decree is applicable to offenses mentioned 
therein, which were committed prior to the date it bears, and be- 
comes operative on the di\j of publication in the Official Gazette. 

VlTTORIO EmMANUELE, 
NiTTI. 
MORTARA. 

Albricci. 
Sechi. 



ROYAL DECREE NO. 1.50 3. SEPTEMBER 2, 1919. 

[Published in the Gazzetta Ufficiale No. 209, of Sept. 2, 1919.] 

Concerning amnesty and pardon for offenses in financial matters, 
• It is decreed : 

Article 1. There are pardoned surtaxes and pecuniary penalties 
incurred and not paid up to the date of the present 'decree for infrac- 
tion of the law : 

(a) On taxes of registration and succession. 

(&) On taxes by stamps; that is to say: 

1. Taxes included in general tariff, inclosure (a) of the text of the 
law on tax stamps. No. 135, of January 6, 1918. 

2. Taxes included in the special tariffs, inclosure (5) of the said 
single text, relative to notes and bills of restaurants, wine shops, 
cafes, and other public functions; tickets on betting; on tickets for 
public entertainments; on perfumes and patent medicines; on jewelry 
and precious stones in general. 

3. Taxes on urban and suburban tramways, urban omnibus, and 
navigation tickets as per decree No. 560, of April 23, 1918. 

5. Taxes doubled as per decree No. 1134 of August 1, 1918. 

6. Taxes on receipts, notes, and bordereaux relative to the entrance 
of merchandise and orders of withdraAval from the general stores; 
on the seasoning, purging, and weighing of silks, as per decree No. 
1818 of November IT, 1918. 

7. Taxes on the call for civil and commercial judgments as per 
decrees No. 1669 of October 17, 1918, and No. 230 of February 27, 
1919. 

8. Taxes on annoinicements in the papers, in periodicals, and other 
publications, as per decrees No. 1825 of November 1. 1918, and No. 
2003 of December 22. 1918. 



26 AMNESTY TO priso]k:ees since the armistice.- 

(c) On taxes in surrogation of the stamp and the register and on 
taxes for life insurance and contracts. 

{d) On mortgaged taxes. 

[e) On mortmain taxes. 

(/) On taxes for governmental concessions and on administrative 
acts and provisions. 

{g) On taxes for bourse contracts. 

[h) On taxes for velocipides, motorcycles, automobiles, and motor 
boats. 

{i) On the registered transfers of lands. 

For the contraventions indicated in letters (&), (^), (^), and (A), 
committed up to the date of the present decree which have been the 
object of preceding sentences, the relative penal effects cease. 

The pardon is not applied if on or before the 31st of December, 
1919, there are not integrally paid the taxes owed, and if there are 
not fulfilled within the same period the prescribed formalities inas- 
much as is possible. 

There remain in force the dispositions of article 9 of law No. 25 
of January 23. 1902, inclosure {e) of article 5 of decree No. 114 
of February 11, 1915, and of article 1 of decree No. 1153 of July 
15, 1915, concerning the payment in ratio of the inheritance taxes 
therein contemplated, but the pardon will not take effect whenever 
through the failure to pay the tax rate there occurs the ending of 
the postponement conceded under the cited articles of the law of 
1902 and the decrees of 1916. 

The pardon for pecuniary penalties granted by the laws indicated 
in letter (/) and depending on the exercise of acts without the pre- 
scribed authorization or license, is subordinated to the payment on 
or before the 31st of December, 1919, of the tax fixed for the authori- 
zation or license, without prejudice of the faculty pertaining to the 
competent administration to grant or deny the authorization or 
license and of the right to receive the relative tax in case it is 
granted. 

Art. 2. Amnesty is conceded for crimes and contraventions pro- 
vided for by the laws and decrees hereafter indicated and com- 
mitted up to the date of the present decree, whenever the penalties 
established for such offenses, alone or united to others, do .not ex- 
ceed the maximum of 2,000 lire fine or compensation and of six 
months of restricted personal liberty. 

{a) Dispositions of the following articles of the single text of 
the customs law No. 20 of January 26, 1896 : 

Art. 80. Differences between merchandise and the invoices. 

Art. 81. Differences between the merchandise presented and the 
relative declaration. 

Art. 82. Differences in respect to the safety seal and for the altera- 
tion of packages. 

Art. 83. Differences in the declarations of merchandise in export 
admitted to the restitution of rights. 

Art. 84. Differences happening in private warehouses. 

Art. 85. Contraventions against the obligation of the seal in the 
zones of vigilance and of the mark on stuffs. 

Arts. 87, 88, and 89. Disciplinary contraventions. 



AMNESTY TO PRISONBES SINCE THE ARMISTICE. 27 

Art. 90. Failure to observe disciplinary measures imposed on 
small boats in the zones of vigilance. 

Art. 91. Penalties for any other contraventions. 

Art. 92. Penalties for offenses accumulated in fines. 

Art. 105. Penalties for State employees and for the agents of the 
public force. 

Arts. 125 and 126. Differences between merchandise of importa- 
tion and of temporary exportation. 

(b) Article 9 of the law Xo. 238 of July 2, 1902, on the tributary 
status of saccharine. 

(c) Article 20 of the law No. 1827 of July 3, 1864, modified by 
article 11 of the vice royal decree No. 3018 of June 28, 1866, as well 
as by articles 21 and 25 of the law herein indicated, in the matter of 
manufactured taxes on gaseous waters and beer. 

(d) Articles 16, 17, and 20, of the royal decree No. 5125 of Decem- 
ber 26, 1887, confirmed by law No. 5407 of May 13, 1888 concerning 
manufacturing taxes for acetic acids, 

(e) Articles 2, 3, and 4 of inclosure (&) of law No. 486 of August 
8. 1895, concerning taxes on the manufacture of prepared chicory 
and other substitutes for coffee. 

(/) Article 4 of inclosure (<?) of the law just indicated, for the 
tax on the manufacture of mineral oils and the corresponding tax on 
their sale. 

(«7) Article of inclosure (/) to the same law for the tax on the 
consumption of gas, light, and electric energy. 

(h) Articles 16, 18, and 20, of regulation No. 106 of April 16, 
1896, for the manufacturing tax on glucose, malt, and malt sirups. 

' (^) Articles 17 and 27 of the single text No. 56, of March 2, 1902, 
for the manufacturing tax on powers for public works and on other 
explosive products. 

(Z) Articles 26 and 28 of regulation No. 347, of July 2, 1903, for 
the tax and surtax on the manufacture of native sugar. 

(m) Articles 5, 23, and 33 of the single text. No. 704, of September 
16, 1909, with the modifications in the table annexed to law No. 572, 
of June 8, 1913, and article 4 of law No. 1794, of December 23, 1915, 
for the tax on the manufacture of spirits. 

(n) Articles 9 and 10 of regulation No. 183, of May 1, 1881, and 
articles 9 and 11 of inclosure 1 to the vice royal decree No. 1525, of 
November 9, 1916, for the tax on the manufacture of seed oils. 

(p) Articles 12 and 19 of inclosure (c) to the vice royal decree 
No. 736, of May 13, 1917, for the tax on the manufacture of soaps, 
washing lyes, and washing waters. 

(q) Articles 62 and 68 of the single text of the law on imposts on 
consumption. No. 248 of May 7, 1908. 

For the penalties inflicted in excess of the limits in the first clause 
of the present article there will be accorded a diminution up to con- 
currence with those limits, as amnesty. 

For customs contraventions as in letter (Q) committed by coopera- 
tive societies, amnesty is conceded without limitation of the sum 
provided for in the first clause of the present article. 

Art. 3. Pardon is conceded and there cease the penalty effects of 
preceding convictions, for infractions committed up to the date of 



28 AMINTESTY TO PEISONEES SINCE THE ARMISTICE. 

tlie present decree, having tlie cliaracter of simple contraventions 
and provided for by the hiws hereafter indicated, provided the pecu- 
niary penalties established for such infraction do not exceed 500 lire: 

(a) On the salt monopoly. 

(&) On the tobacco monopoly. 

(c) On the lottery monopoly. 

{(l) On the monopoly on the sale of playing cards. 

(e) On the monopoly on the sale of matches. 

(/) On the sale of quinine by the State. 

There are excluded from this benefit the contraventions as in letter 
(h) denounced in application of article 3 of the vice royal decree No. 
649 of May 9, 1918, regarding the hoarding of tobacco in quantities 
exceeding a kilogram. 

Art. 4. There are pardoned the pecuniary penalties inflicted and 
not paid up to the date of the present decree ; 

(a) For contraventions to article 7 of law Xo. 1444 (series 2) of 
June 23. 1873, on the surtax for the failure to declare or have inexact 
declarations on direct taxes. 

(h) For contraventions to article 69 of laAv No. 4021 (series 2) of 
August 24, 1877, on the tax on mobile wealth. : 

There are. moreover, pardoned the surtaxes incurred and not paid, 
lip to the date of the present decree established by articles 1 and 4 of 
the said law. 

(c) For contraventions contemplated in inclosure (h) of the vice 
royal decree, Xo. 1525. of November 9, 1916, and No. 1824, of Decem- 
ber 31, 1916, concerning taxes on noncombatant soldiers. 

(d) For the contraventions contemplated by vice royal decree. No. 
1894, of December 23, 1915, and No. 231, of February 4, 1917, relative 
to the tax on exemption from military service. 

(e) For contraventions contemplated by vice royal decree. No. 857, 
of June 9, 1918, inclosure (e), on hunting preserves. 

(/) For contraventions contemplated by articles 10 and 18 of the 
single text of extraordinary taxes imposed during the war approved 
by vice royal decree. No. 857, of June 9, 1918, inclosure (cZ), relative 
to the tax on the incomes of directors and attorneys of commercial 
societies and of the administrators of stock companies. 

(g) For contraventions contemplated by article 7 of decree No. 
1835, of November 17, 1918, relative to a complementary tax on reve- 
nues and to a 2 per cent tax on dividends, interests, and premiums on 
shares issued by stock companies and cooperative societies. 

The pardon is subordinated to the condition that the offenders 
present their declarations or provide for the correction of false 
declarations already produced, within the period of two months 
from the publication of the present decree in the Official Gazette. 

Art. 5. There are pardoned the pecuniary penalties inflicted and 
not paid up to the date of the present decree for contraventions pro- 
vided for by law No. 746 of December 20, 1908, on the status of the 
expenditures of " Tavoliere delle Puglie " and by the relative regu- 
lation No. 196 of January 5, 1911. 

This pardon will not take effect if within the period of a year from 
the aforesaid date the offender for whatever motive shall not hav6 
paid beyond the expenses of the proceedings the amount of the 
damages which shall be established by the administration, and if, 



AMNESTY TO PRISONERS SINCE THE ARMISTICE. 29 

in case of illegal occupation he shall not have released and restored 
the occupied soil, or shall not have systematized otherwise in the 
form of a contract the juridical relations with the Crown. 

Art. 6. There are pardoned the pecuniary penalties inflicted and 
not paid up to the date of the present decree for contraventions to the 
dispositions of articles 24 and 32 of law No. 8682 (series 3) of March 
1, 1886, on the reorganization of the land tax. 

Art. T. The present decree will be presented to Parliament for 
conversion into law. 

VlTTORIO EmMANITELE. 
NiTTI. 

Tedesco. 

MORTARA. 
ScHAjrzER. 



ROYAL DECREE NO. 1504 — -SEPTEMBER 2, 1010. 
[Published in tlie Official Gazette of Sept. :.'. 1019, No. 200.1 

Concerning pardon for disciplinary penalties inflicted on the per- 
sonnel of the State railways, 

It is decreed : 

Art. 1. In regard to the j^enalties imposed on the personnel of 
the State railways for faults committed within the period dating 
from May 24, 1915, to the date of publication of the present dectee 
as per articles 37, 38, 39, 40, 41, 42 (excluded clauses 1, 3, 4, 5, 6, 7, 8, 
10, 14, 17, 18, 19, when the provision laid down in article 51 has been 
applied) of the rules and regulations of the personnel as approved 
by vice royal decree No. 417 of July 22, 1906, and as per articles 180, 
181, 182, 183, 184, 185, 186, 187 (excluded clauses C, D, F, G), 188 
(excluded clauses A, B, D, F, G, H, K, N, P). when article 195 of 
the regulations for the personnel as approved by decree No. 1393 
of August 13, 1917, has not been applied, the following provisions 
will be adopted, coming into operation from the date of publication 
of the present decree : 

(a) The cessation of every ulterior effect of censures, fines, sus- 
pensions of service and retributions, of suspensions of rank and 
salary, of prorogation of the limit set for the normal increase in 
salary or wages, of degradations and retrocessions applied at the 
date of publication of the present decree, and therefore without re- 
troactive effect : 

(h) The censures, fines, suspensions of service ancl retributions, 
suspension of rank and salary, prorogations of the limit fixed for 
the normal increase in salary or wages, degradations and retroces- 
sions imposed for faults committed as per first clause and not ajv 
plied up to the date of publication of the present decree, shall be 
pardoned with cessation of every ulterior effect: 

(c) Cessation of disciplinary measures for provisions not un- 
folded at the date of publication of the present decree, consequent 
on the faults committed as per clause 1. 

Art. 2. The administrative board of the State railways is author- 
ized to examine each case as presented l)y the persons interested, and 
decide in regard to readmission of ex-agents that wei'e revoked and 
dismissed for faults as per article 1. 



30 AMISTESTY TO PEISO:n:ERS STXCE THE ARMiSTirE. 

Art. 3. The administrative board of the State railways is further 
authorized to examine and take a decision upon each case as pre- 
sented in regard to the readmission of ex-agents dismissed by right 
of article 189 of the rules and regulations governing the personnel 
for convictions comprised in the provision of the amnesty as per 
royal decree No. 1501 of September 2, 1919. 

Aj^plications of persons concerned as per the present article and 
that preceding should be presented within two months of the date of 
the publication of the present decree, and not beyond two months 
from the release from military service where ex-agents are con- 
cerned, and not over two months from the communication of the 
disciplinary measure for the proceedings in course of development,, 
of revocation or dismissal as per articles 2 and 3, not j^et expiated. 

VlTTORIO EMANtnSLE. 
NiTTI. 

De Vito. 

MORTARA. 
SCHANZER. 

o 



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